ARCHIVING MOMENTARY SET-BACKS FOR FUTURE PROMOTIONAL MATERIAL - FIDEL CASTRO 1953
 

History Will Absolve Me - Page 2

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It follows the English translation of the full text transcript of Fidel Castro's History Will Absolve Me speech, delivered at Santiago de Cuba - October 16, 1953.

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Finally, a revolutionary government would undertake the integral reform of the educational system, bringing it into line with the projects just mentioned with the idea of educating those generations which will have the privilege of living in a happier land. Do not forget the words of the Apostle: 'A grave mistake is being made in Latin America: in countries that live almost completely from the produce of the land, men are being educated exclusively for urban life and are not trained for farm life.' 'The happiest country is the one which has best educated its sons, both in the instruction of thought and the direction of their feelings.' 'An educated country will always be strong and free.'

The soul of education, however, is the teacher, and in Cuba the teaching profession is miserably underpaid. Despite this, no one is more dedicated than the Cuban teacher. Who among us has not learned his three Rs in the little public schoolhouse? It is time we stopped paying pittances to these young men and women who are entrusted with the sacred task of teaching our youth. No teacher should earn less than 200 pesos, no secondary teacher should make less than 350 pesos, if they are to devote themselves exclusively to their high calling without suffering want. What is more, all rural teachers should have free use of the various systems of transportation; and, at least once every five years, all teachers should enjoy a sabbatical leave of six months with pay so they may attend special refresher courses at home or abroad to keep abreast of the latest developments in their field. In this way, the curriculum and the teaching system can be easily improved. Where will the money be found for all this? When there is an end to the embezzlement of government funds, when public officials stop taking graft from the large companies that owe taxes to the State, when the enormous resources of the country are brought into full use, when we no longer buy tanks, bombers and guns for this country (which has no frontiers to defend and where these instruments of war, now being purchased, are used against the people), when there is more interest in educating the people than in killing them there will be more than enough money.

Cuba could easily provide for a population three times as great as it has now, so there is no excuse for the abject poverty of a single one of its present inhabitants. The markets should be overflowing with produce, pantries should be full, all hands should be working. This is not an inconceivable thought. What is inconceivable is that anyone should go to bed hungry while there is a single inch of unproductive land; that children should die for lack of medical attention; what is inconceivable is that 30% of our farm people cannot write their names and that 99% of them know nothing of Cuba's history. What is inconceivable is that the majority of our rural people are now living in worse circumstances than the Indians Columbus discovered in the fairest land that human eyes had ever seen.

To those who would call me a dreamer, I quote the words of Martí: 'A true man does not seek the path where advantage lies, but rather the path where duty lies, and this is the only practical man, whose dream of today will be the law of tomorrow, because he who has looked back on the essential course of history and has seen flaming and bleeding peoples seethe in the cauldron of the ages knows that, without a single exception, the future lies on the side of duty.'

Only when we understand that such a high ideal inspired them can we conceive of the heroism of the young men who fell in Santiago. The meager material means at our disposal was all that prevented sure success. When the soldiers were told that Prío had given us a million pesos, they were told this in the regime's attempt to distort the most important fact: the fact that our Movement had no link with past politicians: that this Movement is a new Cuban generation with its own ideas, rising up against tyranny; that this Movement is made up of young people who were barely seven years old when Batista perpetrated the first of his crimes in 1934. The lie about the million pesos could not have been more absurd. If, with less than 20,000 pesos, we armed 165 men and attacked a regiment and a squadron, then with a million pesos we could have armed 8,000 men, to attack 50 regiments and 50 squadrons - and Ugalde Carrillo still would not have found out until Sunday, July 26th, at 5:15 a.m. I assure you that for every man who fought, twenty well trained men were unable to fight for lack of weapons. When these young men marched along the streets of Havana in the student demonstration of the Martí Centennial, they solidly packed six blocks. If even 200 more men had been able to fight, or we had possessed 20 more hand grenades, perhaps this Honorable Court would have been spared all this inconvenience.

The politicians spend millions buying off consciences, whereas a handful of Cubans who wanted to save their country's honor had to face death barehanded for lack of funds. This shows how the country, to this very day, has been governed not by generous and dedicated men, but by political racketeers, the scum of our public life.

With the greatest pride I tell you that in accordance with our principles we have never asked a politician, past or present, for a penny. Our means were assembled with incomparable sacrifice. For example, Elpidio Sosa, who sold his job and came to me one day with 300 pesos 'for the cause;' Fernando Chenard, who sold the photographic equipment with which he earned his living; Pedro Marrero, who contributed several months' salary and who had to be stopped from actually selling the very furniture in his house; Oscar Alcalde, who sold his pharmaceutical laboratory; Jesús Montané, who gave his five years' savings, and so on with many others, each giving the little he had.

One must have great faith in one's country to do such a thing. The memory of these acts of idealism bring me straight to the most bitter chapter of this defense - the price the tyranny made them pay for wanting to free Cuba from oppression and injustice.

Beloved corpses, you that once
Were the hope of my Homeland,
Cast upon my forehead
The dust of your decaying bones!
Touch my heart with your cold hands!
Groan at my ears!
Each of my moans will
Turn into the tears of one more tyrant!
Gather around me! Roam about,
That my soul may receive your spirits
And give me the horror of the tombs
For tears are not enough
When one lives in infamous bondage!

Multiply the crimes of November 27th, 1871 by ten and you will have the monstrous and repulsive crimes of July 26th, 27th, 28th and 29th, 1953, in the province of Oriente. These are still fresh in our memory, but someday when years have passed, when the skies of the nation have cleared once more, when tempers have calmed and fear no longer torments our spirits, then we will begin to see the magnitude of this massacre in all its shocking dimension, and future generations will be struck with horror when they look back on these acts of barbarity unprecedented in our history. But I do not want to become enraged. I need clearness of mind and peace in my heavy heart in order to relate the facts as simply as possible, in no sense dramatizing them, but just as they took place. As a Cuban I am ashamed that heartless men should have perpetrated such unthinkable crimes, dishonoring our nation before the rest of the world.

The tyrant Batista was never a man of scruples. He has never hesitated to tell his people the most outrageous lies. To justify his treacherous coup of March 10th, he concocted stories about a fictitious uprising in the Army, supposedly scheduled to take place in April, and which he 'wanted to avert so that the Republic might not be drenched in blood.' A ridiculous little tale nobody ever believed! And when he himself did want to drench the Republic in blood, when he wanted to smother in terror and torture the just rebellion of Cuba's youth, who were not willing to be his slaves, then he contrived still more fantastic lies. How little respect one must have for a people when one tries to deceive them so miserably! On the very day of my arrest I publicly assumed the responsibility for our armed movement of July 26th. If there had been an iota of truth in even one of the many statements the Dictator made against our fighters in his speech of July 27th, it would have been enough to undermine the moral impact of my case. Why, then, was I not brought to trial? Why were medical certificates forged? Why did they violate all procedural laws and ignore so scandalously the rulings of the Court? Why were so many things done, things never before seen in a Court of Law, in order to prevent my appearance at all costs? In contrast, I could not begin to tell you all I went through in order to appear. I asked the Court to bring me to trial in accordance with all established principles, and I denounced the underhanded schemes that were afoot to prevent it. I wanted to argue with them face to face. But they did not wish to face me. Who was afraid of the truth, and who was not?

The statements made by the Dictator at Camp Columbia might be considered amusing if they were not so drenched in blood. He claimed we were a group of hirelings and that there were many foreigners among us. He said that the central part of our plan was an attempt to kill him - him, always him. As if the men who attacked the Moncada Barracks could not have killed him and twenty like him if they had approved of such methods. He stated that our attack had been planned by ex-President Prío, and that it had been financed with Prío's money. It has been irrefutably proven that no link whatsoever existed between our Movement and the last regime. He claimed that we had machine guns and hand-grenades. Yet the military technicians have stated right here in this Court that we only had one machine gun and not a single hand-grenade. He said that we had beheaded the sentries. Yet death certificates and medical reports of all the Army's casualties show not one death caused by the blade. But above all and most important, he said that we stabbed patients at the Military Hospital. Yet the doctors from that hospital - Army doctors - have testified that we never even occupied the building, that no patient was either wounded or killed by us, and that the hospital lost only one employee, a janitor, who imprudently stuck his head out of an open window.

Whenever a Chief of State, or anyone pretending to be one, makes declarations to the nation, he speaks not just to hear the sound of his own voice. He always has some specific purpose and expects some specific reaction, or has a given intention. Since our military defeat had already taken place, insofar as we no longer represented any actual threat to the dictatorship, why did they slander us like that? If it is still not clear that this was a blood-drenched speech, that it was simply an attempt to justify the crimes that they had been perpetrating since the night before and that they were going to continue to perpetrate, then, let figures speak for me: On July 27th, in his speech from the military headquarters, Batista said that the assailants suffered 32 dead. By the end of the week the number of dead had risen to more than 80 men. In what battles, where, in what clashes, did these young men die? Before Batista spoke, more than 25 prisoners had been murdered. After Batista spoke fifty more were massacred.

What a great sense of honor those modest Army technicians and professionals had, who did not distort the facts before the Court, but gave their reports adhering to the strictest truth! These surely are soldiers who honor their uniform; these, surely, are men! Neither a real soldier nor a true man can degrade his code of honor with lies and crime. I know that many of the soldiers are indignant at the barbaric assassinations perpetrated. I know that they feel repugnance and shame at the smell of homicidal blood that impregnates every stone of Moncada Barracks.

Now that he has been contradicted by men of honor within his own Army, I defy the dictator to repeat his vile slander against us. I defy him to try to justify before the Cuban people his July 27th speech. Let him not remain silent. Let him speak. Let him say who the assassins are, who the ruthless, the inhumane. Let him tell us if the medals of honor, which he went to pin on the breasts of his heroes of that massacre, were rewards for the hideous crimes they had committed. Let him, from this very moment, assume his responsibility before history. Let him not pretend, at a later date, that the soldiers were acting without direct orders from him! Let him offer the nation an explanation for those 70 murders. The bloodshed was great. The nation needs an explanation. The nation seeks it. The nation demands it.

It is common knowledge that in 1933, at the end of the battle at the National Hotel, some officers were murdered after they surrendered. Bohemia Magazine protested energetically. It is also known that after the surrender of Fort Atarés the besiegers' machine guns cut down a row of prisoners. And that one soldier, after asking who Blas Hernández was, blasted him with a bullet directly in the face, and for this cowardly act was promoted to the rank of officer. It is well-known in Cuban history that assassination of prisoners was fatally linked with Batista's name. How naive we were not to foresee this! However, unjustifiable as those killings of 1933 were, they took place in a matter of minutes, in no more time than it took for a round of machine gun fire. What is more, they took place while tempers were still on edge.

This was not the case in Santiago de Cuba. Here all forms of ferocious outrages and cruelty were deliberately overdone. Our men were killed not in the course of a minute, an hour or a day. Throughout an entire week the blows and tortures continued, men were thrown from rooftops and shot. All methods of extermination were incessantly practiced by well-skilled artisans of crime. Moncada Barracks were turned into a workshop of torture and death. Some shameful individuals turned their uniforms into butcher's aprons. The walls were splattered with blood. The bullets imbedded in the walls were encrusted with singed bits of skin, brains and human hair, the grisly reminders of rifle shots fired full in the face. The grass around the barracks was dark and sticky with human blood. The criminal hands that are guiding the destiny of Cuba had written for the prisoners at the entrance to that den of death the very inscription of Hell: 'Forsake all hope.'

They did not even attempt to cover appearances. They did not bother in the least to conceal what they were doing. They thought they had deceived the people with their lies and they ended up deceiving themselves. They felt themselves lords and masters of the universe, with power over life and death. So the fear they had experienced upon our attack at daybreak was dissipated in a feast of corpses, in a drunken orgy of blood.

Chronicles of our history, down through four and a half centuries, tell us of many acts of cruelty: the slaughter of defenseless Indians by the Spaniards; the plundering and atrocities of pirates along the coast; the barbarities of the Spanish soldiers during our War of Independence; the shooting of prisoners of the Cuban Army by the forces of Weyler; the horrors of the Machado regime, and so on through the bloody crimes of March, 1935. But never has such a sad and bloody page been written in numbers of victims and in the viciousness of the victimizers, as in Santiago de Cuba. Only one man in all these centuries has stained with blood two separate periods of our history and has dug his claws into the flesh of two generations of Cubans. To release this river of blood, he waited for the Centennial of the Apostle, just after the fiftieth anniversary of the Republic, whose people fought for freedom, human rights and happiness at the cost of so many lives. Even greater is his crime and even more condemnable because the man who perpetrated it had already, for eleven long years, lorded over his people - this people who, by such deep-rooted sentiment and tradition, loves freedom and repudiates evil. This man has furthermore never been sincere, loyal, honest or chivalrous for a single minute of his public life.

He was not content with the treachery of January, 1934, the crimes of March, 1935 and the forty million dollar fortune that crowned his first regime. He had to add the treason of March, 1952, the crimes of July, 1953, and all the millions that only time will reveal. Dante divided his Inferno into nine circles. He put criminals in the seventh, thieves in the eighth and traitors in the ninth. Difficult dilemma the devils will be faced with, when they try to find an adequate spot for this man's soul - if this man has a soul. The man who instigated the atrocious acts in Santiago de Cuba doesn't even have a heart.

I know many details of the way in which these crimes were carried out, from the lips of some of the soldiers who, filled with shame, told me of the scenes they had witnessed.

When the fighting was over, the soldiers descended like savage beasts on Santiago de Cuba and they took the first fury of their frustrations out against the defenseless population. In the middle of a street, and far from the site of the fighting, they shot through the chest an innocent child who was playing by his doorstep. When the father approached to pick him up, they shot him through his head. Without a word they shot 'Niño' Cala, who was on his way home with a loaf of bread in his hands. It would be an endless task to relate all the crimes and outrages perpetrated against the civilian population. And if the Army dealt thus with those who had had no part at all in the action, you can imagine the terrible fate of the prisoners who had taken part or who were believed to have taken part. Just as, in this trial, they accused many people not at all involved in our attack, they also killed many prisoners who had no involvement whatsoever. The latter are not included in the statistics of victims released by the regime; those statistics refer exclusively to our men. Some day the total number of victims will be known.

The first prisoner killed has our doctor, Mario Muñoz, who bore no arms, wore no uniform, and was dressed in the white smock of a physician. He was a generous and competent man who would have given the same devoted care to the wounded adversary as to a friend. On the road from the Civilian Hospital to the barracks they shot him in the back and left him lying there, face down in a pool of blood. But the mass murder of prisoners did not begin until after three o'clock in the afternoon. Until this hour they awaited orders. Then General Martín Díaz Tamayo arrived from Havana and brought specific instructions from a meeting he had attended with Batista, along with the head of the Army, the head of the Military Intelligence, and others. He said: 'It is humiliating and dishonorable for the Army to have lost three times as many men in combat as the insurgents did. Ten prisoners must be killed for each dead soldier.' This was the order!

In every society there are men of base instincts. The sadists, brutes, conveyors of all the ancestral atavisms go about in the guise of human beings, but they are monsters, only more or less restrained by discipline and social habit. If they are offered a drink from a river of blood, they will not be satisfied until they drink the river dry. All these men needed was the order. At their hands the best and noblest Cubans perished: the most valiant, the most honest, the most idealistic. The tyrant called them mercenaries. There they were dying as heroes at the hands of men who collect a salary from the Republic and who, with the arms the Republic gave them to defend her, serve the interests of a clique and murder her best citizens.

Throughout their torturing of our comrades, the Army offered them the chance to save their lives by betraying their ideology and falsely declaring that Prío had given them money. When they indignantly rejected that proposition, the Army continued with its horrible tortures. They crushed their testicles and they tore out their eyes. But no one yielded. No complaint was heard nor a favor asked. Even when they had been deprived of their vital organs, our men were still a thousand times more men than all their tormentors together. Photographs, which do not lie, show the bodies torn to pieces, Other methods were used. Frustrated by the valor of the men, they tried to break the spirit of our women. With a bleeding eye in their hands, a sergeant and several other men went to the cell where our comrades Melba Hernández and Haydée Santamaría were held. Addressing the latter, and showing her the eye, they said: 'This eye belonged to your brother. If you will not tell us what he refused to say, we will tear out the other.' She, who loved her valiant brother above all things, replied full of dignity: 'If you tore out an eye and he did not speak, much less will I.' Later they came back and burned their arms with lit cigarettes until at last, filled with spite, they told the young Haydée Santamaría: 'You no longer have a fiancé because we have killed him too.' But still imperturbable, she answered: 'He is not dead, because to die for one's country is to live forever.' Never had the heroism and the dignity of Cuban womanhood reached such heights.

There wasn't even any respect for the combat wounded in the various city hospitals. There they were hunted down as prey pursued by vultures. In the Centro Gallego they broke into the operating room at the very moment when two of our critically wounded were receiving blood transfusions. They pulled them off the tables and, as the wounded could no longer stand, they were dragged down to the first floor where they arrived as corpses.

They could not do the same in the Spanish Clinic, where Gustavo Arcos and José Ponce were patients, because they were prevented by Dr. Posada who bravely told them they could enter only over his dead body.

Air and camphor were injected into the veins of Pedro Miret, Abelardo Crespo and Fidel Labrador, in an attempt to kill them at the Military Hospital. They owe their lives to Captain Tamayo, an Army doctor and true soldier of honor who, pistol in hand, wrenched them out of the hands of their merciless captors and transferred them to the Civilian Hospital. These five young men were the only ones of our wounded who survived.

In the early morning hours, groups of our men were removed from the barracks and taken in automobiles to Siboney, La Maya, Songo, and elsewhere. Then they were led out - tied, gagged, already disfigured by the torture - and were murdered in isolated spots. They are recorded as having died in combat against the Army. This went on for several days, and few of the captured prisoners survived. Many were compelled to dig their own graves. One of our men, while he was digging, wheeled around and slashed the face of one of his assassins with his pick. Others were even buried alive, their hands tied behind their backs. Many solitary spots became the graveyards of the brave. On the Army target range alone, five of our men lie buried. Some day these men will be disinterred. Then they will be carried on the shoulders of the people to a place beside the tomb of Martí, and their liberated land will surely erect a monument to honor the memory of the Martyrs of the Centennial.

The last youth they murdered in the surroundings of Santiago de Cuba was Marcos Martí. He was captured with our comrade Ciro Redondo in a cave at Siboney on the morning of Thursday the 30th. These two men were led down the road, with their arms raised, and the soldiers shot Marcos Martí in the back. After he had fallen to the ground, they riddled him with bullets. Redondo was taken to the camp. When Major Pérez Chaumont saw him he exclaimed: 'And this one? Why have you brought him to me?' The Court heard this incident from Redondo himself, the young man who survived thanks to what Pérez Chaumont called 'the soldiers' stupidity.'

It was the same throughout the province. Ten days after July 26th, a newspaper in this city printed the news that two young men had been found hanged on the road from Manzanillo to Bayamo. Later the bodies were identified as those of Hugo Camejo and Pedro Vélez. Another extraordinary incident took place there: There were three victims - they had been dragged from Manzanillo Barracks at two that morning. At a certain spot on the highway they were taken out, beaten unconscious, and strangled with a rope. But after they had been left for dead, one of them, Andrés García, regained consciousness and hid in a farmer's house. Thanks to this the Court learned the details of this crime too. Of all our men taken prisoner in the Bayamo area, this is the only survivor.

Near the Cauto River, in a spot known as Barrancas, at the bottom of a pit, lie the bodies of Raúl de Aguiar, Armando del Valle and Andrés Valdés. They were murdered at midnight on the road between Alto Cedro and Palma Soriano by Sergeant Montes de Oca - in charge of the military post at Miranda Barracks - Corporal Maceo, and the Lieutenant in charge of Alta Cedro where the murdered men were captured. In the annals of crime, Sergeant Eulalio Gonzáles - better known as the 'Tiger' of Moncada Barracks - deserves a special place. Later this man didn't have the slightest qualms in bragging about his unspeakable deeds. It was he who with his own hands murdered our comrade Abel Santamaría. But that didn't satisfy him. One day as he was coming back from the Puerto Boniato Prison, where he raises pedigree fighting cocks in the back courtyard, he got on a bus on which Abel's mother was also traveling. When this monster realized who she was he began to brag about his grisly deeds, and - in a loud voice so that the woman dressed in mourning could hear him - he said: 'Yes, I have gouged many eyes out and I expect to continue gouging them out.' The unprecedented moral degradation our nation is suffering is expressed beyond the power of words in that mother's sobs of grief before the cowardly insolence of the very man who murdered her son. When these mothers went to Moncada Barracks to ask about their sons, it was with incredible cynicism and sadism that they were told: 'Surely madam, you may see him at the Santa Ifigenia Hotel where we have put him up for you.' Either Cuba is not Cuba, or the men responsible for these acts will have to face their reckoning one day. Heartless men, they threw crude insults at the people who bared their heads in reverence as the corpses of the revolutionaries were carried by.

There were so many victims that the government still has not dared make public the complete list. They know their figures are false. They have all the victims' names, because prior to every murder they recorded all the vital statistics. The whole long process of identification through the National Identification Bureau was a huge farce, and there are families still waiting for word of their sons' fate. Why has this not been cleared up, after three months?

I wish to state for the record here that all the victims' pockets were picked to the very last penny and that all their personal effects, rings and watches, were stripped from their bodies and are brazenly being worn today by their assassins.

Honorable Judges, a great deal of what I have just related you already know, from the testimony of many of my comrades. But please note that many key witnesses have been barred from this trial, although they were permitted to attend the sessions of the previous trial. For example, I want to point out that the nurses of the Civilian Hospital are absent, even though they work in the same place where this hearing is being held. They were kept from this Court so that, under my questioning, they would not be able to testify that - besides Dr. Mario Muñoz - twenty more of our men were captured alive. The regime fears that from the questioning of these witnesses some extremely dangerous testimony could find its way into the official transcript.

But Major Pérez Chaumont did appear here and he could not elude my questioning. What we learned from this man, a 'hero' who fought only against unarmed and handcuffed men, gives us an idea of what could have been learned at the Courthouse if I had not been isolated from the proceedings. I asked him how many of our men had died in his celebrated skirmishes at Siboney. He hesitated. I insisted and he finally said twenty-one. Since I knew such skirmishes had never taken place, I asked him how many of our men had been wounded. He answered: 'None. All of them were killed.' It was then that I asked him, in astonishment, if the soldiers were using nuclear weapons. Of course, where men are shot point blank, there are no wounded. Then I asked him how many casualties the Army had sustained. He replied that two of his men had been wounded. Finally I asked him if either of these men had died, and he said no. I waited. Later, all of the wounded Army soldiers filed by and it was discovered that none of them had been wounded at Siboney. This same Major Pérez Chaumont who hardly flinched at having assassinated twenty-one defenseless young men has built a palatial home in Ciudamar Beach. It's worth more than 100,000 pesos - his savings after only a few months under Batista's new rule. And if this is the savings of a Major, imagine how much generals have saved!

Honorable Judges: Where are our men who were captured July 26th, 27th, 28th and 29th? It is known that more than sixty men were captured in the area of Santiago de Cuba. Only three of them and the two women have been brought before the Court. The rest of the accused were seized later. Where are our wounded? Only five of them are alive; the rest were murdered. These figures are irrefutable. On the other hand, twenty of the soldiers who we held prisoner have been presented here and they themselves have declared that they received not even one offensive word from us. Thirty soldiers who were wounded, many in the street fighting, also appeared before you. Not one was killed by us. If the Army suffered losses of nineteen dead and thirty wounded, how is it possible that we should have had eighty dead and only five wounded? Who ever witnessed a battle with 21 dead and no wounded, like these famous battles described by Pérez Chaumont?

We have here the casualty lists from the bitter fighting sustained by the invasion troops in the war of 1895, both in battles where the Cuban army was defeated and where it was victorious. The battle of Los Indios in Las Villas: 12 wounded, none dead. The battle of Mal Tiempo: 4 dead, 23 wounded. Calimete: 16 dead, 64 wounded. La Palma: 39 dead, 88 wounded. Cacarajícara: 5 dead, 13 wounded. Descanso: 4 dead, 45 wounded. San Gabriel de Lombillo: 2 dead, 18 wounded ... In all these battles the number of wounded is twice, three times and up to ten times the number of dead, although in those days there were no modern medical techniques by which the percentage of deaths could be reduced. How then, now, can we explain the enormous proportion of sixteen deaths per wounded man, if not by the government's slaughter of the wounded in the very hospitals, and by the assassination of the other helpless prisoners they had taken? The figures are irrefutable.

'It is shameful and a dishonor to the Army to have lost three times as many men in combat as those lost by the insurgents; we must kill ten prisoners for each dead soldier.' This is the concept of honor held by the petty corporals who became generals on March 10th. This is the code of honor they wish to impose on the national Army. A false honor, a feigned honor, an apparent honor based on lies, hypocrisy and crime; a mask of honor molded by those assassins with blood. Who told them that to die fighting is dishonorable? Who told them the honor of an army consists of murdering the wounded and prisoners of war?

In war time, armies that murder prisoners have always earned the contempt and abomination of the entire world. Such cowardice has no justification, even in a case where national territory is invaded by foreign troops. In the words of a South American liberator: 'Not even the strictest military obedience may turn a soldier's sword into that of an executioner.' The honorable soldier does not kill the helpless prisoner after the fight, but rather, respects him. He does not finish off a wounded man, but rather, helps him. He stands in the way of crime and if he cannot prevent it, he acts as did that Spanish captain who, upon hearing the shots of the firing squad that murdered Cuban students, indignantly broke his sword in two and refused to continue serving in that Army.

The soldiers who murdered their prisoners were not worthy of the soldiers who died. I saw many soldiers fight with courage - for example, those in the patrols that fired their machine guns against us in almost hand-to-hand combat, or that sergeant who, defying death, rang the alarm to mobilize the barracks. Some of them live. I am glad. Others are dead. They believed they were doing their duty and in my eyes this makes them worthy of admiration and respect. I deplore only the fact that valiant men should fall for an evil cause. When Cuba is freed, we should respect, shelter and aid the wives and children of those courageous soldiers who perished fighting against us. They are not to blame for Cuba's miseries. They too are victims of this nefarious situation.

But what honor was earned by the soldiers who died in battle was lost by the generals who ordered prisoners to be killed after they surrendered. Men who became generals overnight, without ever having fired a shot; men who bought their stars with high treason against their country; men who ordered the execution of prisoners taken in battles in which they didn't even participate: these are the generals of the 10th of March - generals who would not even have been fit to drive the mules that carried the equipment in Antonio Maceo's army.

The Army suffered three times as many casualties as we did. That was because our men were expertly trained, as the Army men themselves have admitted; and also because we had prepared adequate tactical measures, another fact recognized by the Army. The Army did not perform brilliantly; despite the millions spent on espionage by the Military Intelligence Agency, they were totally taken by surprise, and their hand grenades failed to explode because they were obsolete. And the Army owes all this to generals like Martín Díaz Tamayo and colonels like Ugalde Carrillo and Albert del Río Chaviano. We were not 17 traitors infiltrated into the ranks of the Army, as was the case on March 10th. Instead, we were 165 men who had traveled the length and breadth of Cuba to look death boldly in the face. If the Army leaders had a notion of real military honor they would have resigned their commands rather than trying to wash away their shame and incompetence in the blood of their prisoners.

To kill helpless prisoners and then declare that they died in battle: that is the military capacity of the generals of March 10th. That was the way the worst butchers of Valeriano Weyler behaved in the cruelest years of our War of Independence. The Chronicles of War include the following story: 'On February 23rd, officer Baldomero Acosta entered Punta Brava with some cavalry when, from the opposite road, a squad of the Pizarro regiment approached, led by a sergeant known in those parts as Barriguilla (Pot Belly). The insurgents exchanged a few shots with Pizarro's men, then withdrew by the trail that leads from Punta Brava to the village of Guatao. Followed by another battalion of volunteers from Marianao, and a company of troops from the Public Order Corps, who were led by Captain Calvo, Pizarro's squad of 50 men marched on Guatao ... As soon as their first forces entered the village they commenced their massacre - killing twelve of the peaceful inhabitants ... The troops led by Captain Calvo speedily rounded up all the civilians that were running about the village, tied them up and took them as prisoners of war to Havana ... Not yet satisfied with their outrages, on the outskirts of Guatao they carried out another barbaric action, killing one of the prisoners and horribly wounding the rest. The Marquis of Cervera, a cowardly and palatine soldier, informed Weyler of the pyrrhic victory of the Spanish soldiers; but Major Zugasti, a man of principles, denounced the incident to the government and officially called the murders perpetrated by the criminal Captain Calvo and Sergeant Barriguilla an assassination of peaceful citizens.

'Weyler's intervention in this horrible incident and his delight upon learning the details of the massacre may be palpably deduced from the official dispatch that he sent to the Ministry of War concerning these cruelties. "Small column organized by commander Marianao with forces from garrison, volunteers and firemen led by Captain Calvo, fought and destroyed bands of Villanueva and Baldomero Acosta near Punta Brava, killing twenty of theirs, who were handed over to Mayor of Guatao for burial, and taking fifteen prisoners, one of them wounded, we assume there are many wounded among them. One of ours suffered critical wounds, some suffered light bruises and wounds. Weyler."'

What is the difference between Weyler's dispatch and that of Colonel Chaviano detailing the victories of Major Pérez Chaumont? Only that Weyler mentions one wounded soldier in his ranks. Chaviano mentions two. Weyler speaks of one wounded man and fifteen prisoners in the enemy's ranks. Chaviano records neither wounded men nor prisoners.

Just as I admire the courage of the soldiers who died bravely, I also admire the officers who bore themselves with dignity and did not drench their hands in this blood. Many of the survivors owe their lives to the commendable conduct of officers like Lieutenant Sarría, Lieutenant Campa, Captain Tamayo and others, who were true gentlemen in their treatment of the prisoners. If men like these had not partially saved the name of the Armed Forces, it would be more honorable today to wear a dishrag than to wear an Army uniform.

For my dead comrades, I claim no vengeance. Since their lives were priceless, the murderers could not pay for them even with their own lives. It is not by blood that we may redeem the lives of those who died for their country. The happiness of their people is the only tribute worthy of them.

What is more, my comrades are neither dead nor forgotten; they live today, more than ever, and their murderers will view with dismay the victorious spirit of their ideas rise from their corpses. Let the Apostle speak for me: 'There is a limit to the tears we can shed at the graveside of the dead. Such limit is the infinite love for the homeland and its glory, a love that never falters, loses hope nor grows dim. For the graves of the martyrs are the highest altars of our reverence.'

... When one dies
In the arms of a grateful country
Agony ends, prison chains break - and
At last, with death, life begins!

Up to this point I have confined myself almost exclusively to relating events. Since I am well aware that I am before a Court convened to judge me, I will now demonstrate that all legal right was on our side alone, and that the verdict imposed on my comrades - the verdict now being sought against me - has no justification in reason, in social morality or in terms of true justice.

I wish to be duly respectful to the Honorable Judges, and I am grateful that you find in the frankness of my plea no animosity towards you. My argument is meant simply to demonstrate what a false and erroneous position the Judicial Power has adopted in the present situation. To a certain extent, each Court is nothing more than a cog in the wheel of the system, and therefore must move along the course determined by the vehicle, although this by no means justifies any individual acting against his principles. I know very well that the oligarchy bears most of the blame. The oligarchy, without dignified protest, abjectly yielded to the dictates of the usurper and betrayed their country by renouncing the autonomy of the Judicial Power. Men who constitute noble exceptions have attempted to mend the system's mangled honor with their individual decisions. But the gestures of this minority have been of little consequence, drowned as they were by the obsequious and fawning majority. This fatalism, however, will not stop me from speaking the truth that supports my cause. My appearance before this Court may be a pure farce in order to give a semblance of legality to arbitrary decisions, but I am determined to wrench apart with a firm hand the infamous veil that hides so much shamelessness. It is curious: the very men who have brought me here to be judged and condemned have never heeded a single decision of this Court.

Since this trial may, as you said, be the most important trial since we achieved our national sovereignty, what I say here will perhaps be lost in the silence which the dictatorship has tried to impose on me, but posterity will often turn its eyes to what you do here. Remember that today you are judging an accused man, but that you yourselves will be judged not once, but many times, as often as these days are submitted to scrutiny in the future. What I say here will be then repeated many times, not because it comes from my lips, but because the problem of justice is eternal and the people have a deep sense of justice above and beyond the hairsplitting of jurisprudence. The people wield simple but implacable logic, in conflict with all that is absurd and contradictory. Furthermore, if there is in this world a people that utterly abhors favoritism and inequality, it is the Cuban people. To them, justice is symbolized by a maiden with a scale and a sword in her hands. Should she cower before one group and furiously wield that sword against another group, then to the people of Cuba the maiden of justice will seem nothing more than a prostitute brandishing a dagger. My logic is the simple logic of the people.

Let me tell you a story: Once upon a time there was a Republic. It had its Constitution, its laws, its freedoms, a President, a Congress and Courts of Law. Everyone could assemble, associate, speak and write with complete freedom. The people were not satisfied with the government officials at that time, but they had the power to elect new officials and only a few days remained before they would do so. Public opinion was respected and heeded and all problems of common interest were freely discussed. There were political parties, radio and television debates and forums and public meetings. The whole nation pulsated with enthusiasm. This people had suffered greatly and although it was unhappy, it longed to be happy and had a right to be happy. It had been deceived many times and it looked upon the past with real horror. This country innocently believed that such a past could not return; the people were proud of their love of freedom and they carried their heads high in the conviction that liberty would be respected as a sacred right. They felt confident that no one would dare commit the crime of violating their democratic institutions. They wanted a change for the better, aspired to progress; and they saw all this at hand. All their hope was in the future.

Poor country! One morning the citizens woke up dismayed; under the cover of night, while the people slept, the ghosts of the past had conspired and has seized the citizenry by its hands, its feet, and its neck. That grip, those claws were familiar: those jaws, those death-dealing scythes, those boots. No; it was no nightmare; it was a sad and terrible reality: a man named Fulgencio Batista had just perpetrated the appalling crime that no one had expected.

Then a humble citizen of that people, a citizen who wished to believe in the laws of the Republic, in the integrity of its judges, whom he had seen vent their fury against the underprivileged, searched through a Social Defense Code to see what punishment society prescribed for the author of such a coup, and he discovered the following:

'Whosoever shall perpetrate any deed destined through violent means directly to change in whole or in part the Constitution of the State or the form of the established government shall incur a sentence of six to ten years imprisonment.

'A sentence of three to ten years imprisonment will be imposed on the author of an act directed to promote an armed uprising against the Constitutional Powers of the State. The sentence increases from five to twenty years if the insurrection is carried out.

'Whosoever shall perpetrate an act with the specific purpose of preventing, in whole or in part, even temporarily, the Senate, the House of Representatives, the President, or the Supreme Court from exercising their constitutional functions will incur a sentence of from six to ten years imprisonment.

'Whosoever shall attempt to impede or tamper with the normal course of general elections, will incur a sentence of from four to eight years imprisonment.

'Whosoever shall introduce, publish, propagate or try to enforce in Cuba instructions, orders or decrees that tend ... to promote the unobservance of laws in force, will incur a sentence of from two to six years imprisonment.

'Whosoever shall assume command of troops, posts, fortresses, military camps, towns, warships, or military aircraft, without the authority to do so, or without express government orders, will incur a sentence of from five to ten years imprisonment.

'A similar sentence will be passed upon anyone who usurps the exercise of a function held by the Constitution as properly belonging to the powers of State.'

Without telling anyone, Code in one hand and a deposition in the other, that citizen went to the old city building, that old building which housed the Court competent and under obligation to bring cause against and punish those responsible for this deed. He presented a writ denouncing the crimes and asking that Fulgencio Batista and his seventeen accomplices be sentenced to 108 years in prison as decreed by the Social Defense Code; considering also aggravating circumstances of secondary offense treachery, and acting under cover of night.

Days and months passed. What a disappointment! The accused remained unmolested: he strode up and down the country like a great lord and was called Honorable Sir and General: he removed and replaced judges at will. The very day the Courts opened, the criminal occupied the seat of honor in the midst of our august and venerable patriarchs of justice.

Once more the days and the months rolled by, the people wearied of mockery and abuses. There is a limit to tolerance! The struggle began against this man who was disregarding the law, who had usurped power by the use of violence against the will of the people, who was guilty of aggression against the established order, had tortured, murdered, imprisoned and prosecuted those who had taken up the struggle to defend the law and to restore freedom to the people.

Honorable Judges: I am that humble citizen who one day demanded in vain that the Courts punish the power-hungry men who had violated the law and torn our institutions to shreds. Now that it is I who am accused for attempting to overthrow this illegal regime and to restore the legitimate Constitution of the Republic, I am held incommunicado for 76 days and denied the right to speak to anyone, even to my son; between two heavy machine guns I am led through the city. I am transferred to this hospital to be tried secretly with the greatest severity; and the Prosecutor with the Code in his hand solemnly demands that I be sentenced to 26 years in prison.

You will answer that on the former occasion the Courts failed to act because force prevented them from doing so. Well then, confess, this time force will compel you to condemn me. The first time you were unable to punish the guilty; now you will be compelled to punish the innocent. The maiden of justice twice raped.

And so much talk to justify the unjustifiable, to explain the inexplicable and to reconcile the irreconcilable! The regime has reached the point of asserting that 'Might makes right' is the supreme law of the land. In other words, that using tanks and soldiers to take over the presidential palace, the national treasury, and the other government offices, and aiming guns at the heart of the people, entitles them to govern the people! The same argument the Nazis used when they occupied the countries of Europe and installed their puppet governments.

I heartily believe revolution to be the source of legal right; but the nocturnal armed assault of March 10th could never be considered a revolution. In everyday language, as José Ingenieros said, it is common to give the name of revolution to small disorders promoted by a group of dissatisfied persons in order to grab, from those in power, both the political sinecures and the economic advantages. The usual result is no more than a change of hands, the dividing up of jobs and benefits. This is not the criterion of a philosopher, as it cannot be that of a cultured man.

Leaving aside the problem of integral changes in the social system, not even on the surface of the public quagmire were we able to discern the slightest motion that could lessen the rampant putrefaction. The previous regime was guilty of petty politics, theft, pillage, and disrespect for human life; but the present regime has increased political skullduggery five-fold, pillage ten-fold, and a hundred-fold the lack of respect for human life.

It was known that Barriguilla had plundered and murdered, that he was a millionaire, that he owned in Havana a good many apartment houses, countless stock in foreign companies, fabulous accounts in American banks, that he agreed to divorce settlements to the tune of eighteen million pesos, that he was a frequent guest in the most lavishly expensive hotels for Yankee tycoons. But no one would ever think of Barriguilla as a revolutionary. Barriguilla is that sergeant of Weyler's who assassinated twelve Cubans in Guatao. Batista's men murdered seventy in Santiago de Cuba. De te fabula narratur.

Four political parties governed the country before the 10th of March: the Auténtico, Liberal, Democratic and Republican parties. Two days after the coup, the Republican party gave its support to the new rulers. A year had not yet passed before the Liberal and Democratic parties were again in power: Batista did not restore the Constitution, did not restore civil liberties, did not restore Congress, did not restore universal suffrage, did not restore in the last analysis any of the uprooted democratic institutions. But he did restore Verdeja, Guas Inclán, Salvito García Ramos, Anaya Murillo and the top hierarchy of the traditional government parties, the most corrupt, rapacious, reactionary and antediluvian elements in Cuban politics. So went the 'revolution' of Barriguilla!.

Lacking even the most elementary revolutionary content, Batista's regime represents in every respect a 20 year regression for Cuba. Batista's regime has exacted a high price from all of us, but primarily from the humble classes which are suffering hunger and misery. Meanwhile the dictatorship has laid waste the nation with commotion, ineptitude and anguish, and now engages in the most loathsome forms of ruthless politics, concocting formula after formula to perpetuate itself in power, even if over a stack of corpses and a sea of blood.

Batista's regime has not set in motion a single nationwide program of betterment for the people. Batista delivered himself into the hands of the great financial interests. Little else could be expected from a man of his mentality - utterly devoid as he is of ideals and of principles, and utterly lacking the faith, confidence and support of the masses. His regime merely brought with it a change of hands and a redistribution of the loot among a new group of friends, relatives, accomplices and parasitic hangers-on that constitute the political retinue of the Dictator. What great shame the people have been forced to endure so that a small group of egoists, altogether indifferent to the needs of their homeland, may find in public life an easy and comfortable modus vivendi.

How right Eduardo Chibás was in his last radio speech, when he said that Batista was encouraging the return of the colonels, castor oil and the law of the fugitive! Immediately after March 10th, Cubans again began to witness acts of veritable vandalism which they had thought banished forever from their nation. There was an unprecedented attack on a cultural institution: a radio station was stormed by the thugs of the SIM, together with the young hoodlums of the PAU, while broadcasting the 'University of the Air' program. And there was the case of the journalist Mario Kuchilán, dragged from his home in the middle of the night and bestially tortured until he was nearly unconscious. There was the murder of the student Rubén Batista and the criminal volleys fired at a peaceful student demonstration next to the wall where Spanish volunteers shot the medical students in 1871. And many cases such as that of Dr. García Bárcena, where right in the courtrooms men have coughed up blood because of the barbaric tortures practiced upon them by the repressive security forces. I will not enumerate the hundreds of cases where groups of citizens have been brutally clubbed - men, women, children and the aged. All of this was being done even before July 26th. Since then, as everyone knows, even Cardinal Arteaga himself was not spared such treatment. Everybody knows he was a victim of repressive agents. According to the official story, he fell prey to a 'band of thieves'. For once the regime told the truth. For what else is this regime? ...

People have just contemplated with horror the case of the journalist who was kidnapped and subjected to torture by fire for twenty days. Each new case brings forth evidence of unheard-of effrontery, of immense hypocrisy: the cowardice of those who shirk responsibility and invariably blame the enemies of the regime. Governmental tactics enviable only by the worst gangster mobs. Even the Nazi criminals were never so cowardly. Hitler assumed responsibility for the massacres of June 30, 1934, stating that for 24 hours he himself had been the German Supreme Court; the henchmen of this dictatorship which defies all comparison because of its baseness, maliciousness and cowardice, kidnap, torture, murder and then loathsomely put the blame on the adversaries of the regime. Typical tactics of Sergeant Barriguilla!

Not once in all the cases I have mentioned, Honorable Judges, have the agents responsible for these crimes been brought to Court to be tried for them. How is this? Was this not to be the regime of public order, peace and respect for human life?

I have related all this in order to ask you now: Can this state of affairs be called a revolution, capable of formulating law and establishing rights? Is it or is it not legitimate to struggle against this regime? And must there not be a high degree of corruption in the courts of law when these courts imprison citizens who try to rid the country of so much infamy?

Cuba is suffering from a cruel and base despotism. You are well aware that resistance to despots is legitimate. This is a universally recognized principle and our 1940 Constitution expressly makes it a sacred right, in the second paragraph of Article 40: 'It is legitimate to use adequate resistance to protect previously granted individual rights.' And even if this prerogative had not been provided by the Supreme Law of the Land, it is a consideration without which one cannot conceive of the existence of a democratic collectivity. Professor Infiesta, in his book on Constitutional Law, differentiates between the political and legal constitutions, and states: 'Sometimes the Legal Constitution includes constitutional principles which, even without being so classified, would be equally binding solely on the basis of the people's consent, for example, the principle of majority rule or representation in our democracies.' The right of insurrection in the face of tyranny is one such principle, and whether or not it be included in the Legal Constitution, it is always binding within a democratic society. The presentation of such a case to a high court is one of the most interesting problems of general law. Duguit has said in his Treatise on Constitutional Law: 'If an insurrection fails, no court will dare to rule that this unsuccessful insurrection was technically no conspiracy, no transgression against the security of the State, inasmuch as, the government being tyrannical, the intention to overthrow it was legitimate.' But please take note: Duguit does not state, 'the court ought not to rule.' He says, 'no court will dare to rule.' More explicitly, he means that no court will dare, that no court will have enough courage to do so, under a tyranny. If the court is courageous and does its duty, then yes, it will dare.

Recently there has been a loud controversy concerning the 1940 Constitution. The Court of Social and Constitutional Rights ruled against it in favor of the so-called Statutes. Nevertheless, Honorable Judges, I maintain that the 1940 Constitution is still in force. My statement may seem absurd and extemporaneous to you. But do not be surprised. It is I who am astonished that a court of law should have attempted to deal a death blow to the legitimate Constitution of the Republic. Adhering strictly to facts, truth and reason - as I have done all along - I will prove what I have just stated. The Court of Social and Constitutional Rights was instituted according to Article 172 of the 1940 Constitution, and the supplementary Act of May 31, 1949. These laws, in virtue of which the Court was created, granted it, insofar as problems of unconstitutionality are concerned, a specific and clearly defined area of legal competence: to rule in all matters of appeals claiming the unconstitutionality of laws, legal decrees, resolutions, or acts that deny, diminish, restrain or adulterate the constitutional rights and privileges or that jeopardize the operations of State agencies. Article 194 established very clearly the following: 'All judges and courts are under the obligation to find solutions to conflicts between the Constitution and the existing laws in accordance with the principle that the former shall always prevail over the latter.' Therefore, according to the laws that created it, the Court of Social and Constitutional Rights should always rule in favor of the Constitution. When this Court caused the Statutes to prevail above the Constitution of the Republic, it completely overstepped its boundaries and its established field of competence, thereby rendering a decision which is legally null and void. Furthermore, the decision itself is absurd, and absurdities have no validity in law nor in fact, not even from a metaphysical point of view. No matter how venerable a court may be, it cannot assert that circles are square or, what amounts to the same thing, that the grotesque offspring of the April 4th Statutes should be considered the official Constitution of a State.

The Constitution is understood to be the basic and supreme law of the nation, to define the country's political structure, regulate the functioning of its government agencies, and determine the limits of their activities. It must be stable, enduring and, to a certain extent, inflexible. The Statutes fulfill none of these qualifications. To begin with, they harbor a monstrous, shameless, and brazen contradiction in regard to the most vital aspect of all: the integration of the Republican structure and the principle of national sovereignty. Article 1 reads: 'Cuba is a sovereign and independent State constituted as a democratic Republic.' Article 2 reads: 'Sovereignty resides in the will of the people, and all powers derive from this source.' But then comes Article 118, which reads: 'The President will be nominated by the Cabinet.' So it is not the people who choose the President, but rather the Cabinet. And who chooses the Cabinet? Article 120, section 13: 'The President will be authorized to nominate and reappoint the members of the Cabinet and to replace them when occasion arises.' So, after all, who nominates whom? Is this not the classical old problem of the chicken and the egg that no one has ever been able to solve?

One day eighteen hoodlums got together. Their plan was to assault the Republic and loot its 350 million pesos annual budget. Behind peoples' backs and with great treachery, they succeeded in their purpose. 'Now what do we do next?' they wondered. One of them said to the rest: 'You name me Prime Minister, and I'll make you generals.' When this was done, he rounded up a group of 20 men and told them: 'I will make you my Cabinet if you make me President.' In this way they named each other generals, ministers and president, and then took over the treasury and the Republic.

What is more, it was not simply a matter of usurping sovereignty at a given moment in order to name a Cabinet, Generals and a President. This man ascribed to himself, through these Statutes, not only absolute control of the nation, but also the power of life and death over every citizen - control, in fact, over the very existence of the nation. Because of this, I maintain that the position of the Court of Social and Constitutional Rights is not only treacherous, vile, cowardly and repugnant, but also absurd.

The Statutes contain an article which has not received much attention, but which gives us the key to this situation and is the one from which we shall derive decisive conclusions. I refer specifically to the modifying clause included in Article 257, which reads: 'This constitutional law is open to reform by the Cabinet with a two-thirds quorum vote.' This is where mockery reaches its climax. Not only did they exercise sovereignty in order to impose a Constitution upon a people without that people's consent, and to install a regime which concentrates all power in their own hands, but also, through Article 257, they assume the most essential attribute of sovereignty: the power to change the Basic and Supreme Law of the Land. And they have already changed it several times since March 10th. Yet, with the greatest gall, they assert in Article 2 that sovereignty resides in the will of the people and that the people are the source of all power. Since these changes may be brought about by a vote of two-thirds of the Cabinet and the Cabinet is named by the President, then the right to make and break Cuba is in the hands of one man, a man who is, furthermore, the most unworthy of all the creatures ever to be born in this land. Was this then accepted by the Court of Social and Constitutional Rights? And is all that derives from it valid and legal? Very well, you shall see what was accepted: 'This constitutional law is open to reform by the Cabinet with a two-thirds quorum vote.' Such a power recognizes no limits. Under its aegis, any article, any chapter, any section, even the whole law may be modified. For example, Article 1, which I have just mentioned, says that Cuba is a sovereign and independent State constituted as a democratic Republic, 'although today it is in fact a bloody dictatorship.' Article 3 reads: 'The national boundaries include the island of Cuba, the Isle of Pines, and the neighboring keys ...' and so on. Batista and his Cabinet under the provisions of Article 257 can modify all these other articles. They can say that Cuba is no longer a Republic but a hereditary monarchy and he, Batista, can anoint himself king. He can dismember the national territory and sell a province to a foreign country as Napoleon did with Louisiana. He may suspend the right to life itself, and like Herod, order the decapitation of newborn children. All these measures would be legal and you would have to incarcerate all those who opposed them, just as you now intend to do with me. I have put forth extreme examples to show how sad and humiliating our present situation is. To think that all these absolute powers are in the hands of men truly capable of selling our country along with all its citizens!

As the Court of Social and Constitutional Rights has accepted this state of affairs, what more are they waiting for? They may as well hang up their judicial robes. It is a fundamental principle of general law that there can be no constitutional status where the constitutional and legislative powers reside in the same body. When the Cabinet makes the laws, the decrees and the rules - and at the same time has the power to change the Constitution in a moment of time - then I ask you: why do we need a Court of Social and Constitutional Rights? The ruling in favor of this Statute is irrational, inconceivable, illogical and totally contrary to the Republican laws that you, Honorable Judges, swore to uphold. When the Court of Social and Constitutional Rights supported Batista's Statutes against the Constitution, the Supreme Law of the Land was not abolished but rather the Court of Social and Constitutional Rights placed itself outside the Constitution, renounced its autonomy and committed legal suicide. May it rest in peace!

The right to rebel, established in Article 40 of the Constitution, is still valid. Was it established to function while the Republic was enjoying normal conditions? No. This provision is to the Constitution what a lifeboat is to a ship at sea. The lifeboat is only launched when the ship has been torpedoed by enemies laying wait along its course. With our Constitution betrayed and the people deprived of all their prerogatives, there was only one way open: one right which no power may abolish. The right to resist oppression and injustice. If any doubt remains, there is an article of the Social Defense Code which the Honorable Prosecutor would have done well not to forget. It reads, and I quote: 'The appointed or elected government authorities that fail to resist sedition with all available means will be liable to a sentence of interdiction of from six to eight years.' The judges of our nation were under the obligation to resist Batista's treacherous military coup of the 10th of March. It is understandable that when no one has observed the law and when nobody else has done his duty, those who have observed the law and have done their duty should be sent to prison.

You will not be able to deny that the regime forced upon the nation is unworthy of Cuba's history. In his book, The Spirit of Laws, which is the foundation of the modern division of governmental power, Montesquieu makes a distinction between three types of government according to their basic nature: 'The Republican form wherein the whole people or a portion thereof has sovereign power; the Monarchical form where only one man governs, but in accordance with fixed and well-defined laws; and the Despotic form where one man without regard for laws nor rules acts as he pleases, regarding only his own will or whim.' And then he adds: 'A man whose five senses constantly tell him that he is everything and that the rest of humanity is nothing is bound to be lazy, ignorant and sensuous.' 'As virtue is necessary to democracy, and honor to a monarchy, fear is of the essence to a despotic regime, where virtue is not needed and honor would be dangerous.'

The right of rebellion against tyranny, Honorable Judges, has been recognized from the most ancient times to the present day by men of all creeds, ideas and doctrines.

It was so in the theocratic monarchies of remote antiquity. In China it was almost a constitutional principle that when a king governed rudely and despotically he should be deposed and replaced by a virtuous prince.

The philosophers of ancient India upheld the principle of active resistance to arbitrary authority. They justified revolution and very often put their theories into practice. One of their spiritual leaders used to say that 'an opinion held by the majority is stronger than the king himself. A rope woven of many strands is strong enough to hold a lion.'

The city states of Greece and republican Rome not only admitted, but defended the meting-out of violent death to tyrants.

In the Middle Ages, John Salisbury in his Book of the Statesman says that when a prince does not govern according to law and degenerates into a tyrant, violent overthrow is legitimate and justifiable. He recommends for tyrants the dagger rather than poison.

Saint Thomas Aquinas, in the Summa Theologica, rejects the doctrine of tyrannicide, and yet upholds the thesis that tyrants should be overthrown by the people.

Martin Luther proclaimed that when a government degenerates into a tyranny that violates the laws, its subjects are released from their obligations to obey. His disciple, Philippe Melanchton, upholds the right of resistance when governments become despotic. Calvin, the outstanding thinker of the Reformation with regard to political ideas, postulates that people are entitled to take up arms to oppose any usurpation.

No less a man that Juan Mariana, a Spanish Jesuit during the reign of Philip II, asserts in his book, De Rege et Regis Institutione, that when a governor usurps power, or even if he were elected, when he governs in a tyrannical manner it is licit for a private citizen to exercise tyrannicide, either directly or through subterfuge with the least possible disturbance.

The French writer, François Hotman, maintained that between the government and its subjects there is a bond or contract, and that the people may rise in rebellion against the tyranny of government when the latter violates that pact.

About the same time, a booklet - which came to be widely read - appeared under the title Vindiciae Contra Tyrannos, and it was signed with the pseudonym Stephanus Junius Brutus. It openly declared that resistance to governments is legitimate when rulers oppress the people and that it is the duty of Honorable Judges to lead the struggle.

The Scottish reformers John Knox and John Poynet upheld the same points of view. And, in the most important book of that movement, George Buchanan stated that if a government achieved power without taking into account the consent of the people, or if a government rules their destiny in an unjust or arbitrary fashion, then that government becomes a tyranny and can be divested of power or, in a final recourse, its leaders can be put to death.

John Althus, a German jurist of the early 17th century, stated in his Treatise on Politics that sovereignty as the supreme authority of the State is born from the voluntary concourse of all its members; that governmental authority stems from the people and that its unjust, illegal or tyrannical function exempts them from the duty of obedience and justifies resistance or rebellion.

Thus far, Honorable Judges, I have mentioned examples from antiquity, from the Middle Ages, and from the beginnings of our times. I selected these examples from writers of all creeds. What is more, you can see that the right to rebellion is at the very root of Cuba's existence as a nation. By virtue of it you are today able to appear in the robes of Cuban Judges. Would it be that those garments really served the cause of justice!

It is well known that in England during the 17th century two kings, Charles I and James II, were dethroned for despotism. These actions coincided with the birth of liberal political philosophy and provided the ideological base for a new social class, which was then struggling to break the bonds of feudalism. Against divine right autocracies, this new philosophy upheld the principle of the social contract and of the consent of the governed, and constituted the foundation of the English Revolution of 1688, the American Revolution of 1775 and the French Revolution of 1789. These great revolutionary events ushered in the liberation of the Spanish colonies in the New World - the final link in that chain being broken by Cuba. The new philosophy nurtured our own political ideas and helped us to evolve our Constitutions, from the Constitution of Guáimaro up to the Constitution of 1940. The latter was influenced by the socialist currents of our time; the principle of the social function of property and of man's inalienable right to a decent living were built into it, although large vested interests have prevented fully enforcing those rights.

The right of insurrection against tyranny then underwent its final consecration and became a fundamental tenet of political liberty.

As far back as 1649, John Milton wrote that political power lies with the people, who can enthrone and dethrone kings and have the duty of overthrowing tyrants.

John Locke, in his essay on government, maintained that when the natural rights of man are violated, the people have the right and the duty to alter or abolish the government. 'The only remedy against unauthorized force is opposition to it by force.'

Jean-Jaques Rousseau said with great eloquence in his Social Contract: 'While a people sees itself forced to obey and obeys, it does well; but as soon as it can shake off the yoke and shakes it off, it does better, recovering its liberty through the use of the very right that has been taken away from it.' 'The strongest man is never strong enough to be master forever, unless he converts force into right and obedience into duty. Force is a physical power; I do not see what morality one may derive from its use. To yield to force is an act of necessity, not of will; at the very least, it is an act of prudence. In what sense should this be called a duty?' 'To renounce freedom is to renounce one's status as a man, to renounce one's human rights, including one's duties. There is no possible compensation for renouncing everything. Total renunciation is incompatible with the nature of man and to take away all free will is to take away all morality of conduct. In short, it is vain and contradictory to stipulate on the one hand an absolute authority and on the other an unlimited obedience ...'

Thomas Paine said that 'one just man deserves more respect than a rogue with a crown.'

The people's right to rebel has been opposed only by reactionaries like that clergyman of Virginia, Jonathan Boucher, who said: 'The right to rebel is a censurable doctrine derived from Lucifer, the father of rebellions.'

The Declaration of Independence of the Congress of Philadelphia, on July 4th, 1776, consecrated this right in a beautiful paragraph which reads: 'We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable rights, that among these are Life, Liberty and the Pursuit of Happiness; That to secure these Rights, Governments are instituted among Men, deriving their just powers from the consent of the governed; That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it and to institute a new Government, laying its foundation on such principles and organizing its powers in such form as to them shall seem most likely to effect their Safety and Happiness.'

The famous French Declaration of the Rights of Man willed this principle to the coming generations: 'When the government violates the rights of the people, insurrection is for them the most sacred of rights and the most imperative of duties.' 'When a person seizes sovereignty, he should be condemned to death by free men.'

I believe I have sufficiently justified my point of view. I have called forth more reasons than the Honorable Prosecutor called forth to ask that I be condemned to 26 years in prison. All these reasons support men who struggle for the freedom and happiness of the people. None support those who oppress the people, revile them, and rob them heartlessly. Therefore I have been able to call forth many reasons and he could not adduce even one. How can Batista's presence in power be justified when he gained it against the will of the people and by violating the laws of the Republic through the use of treachery and force? How could anyone call legitimate a regime of blood, oppression and ignominy? How could anyone call revolutionary a regime which has gathered the most backward men, methods and ideas of public life around it? How can anyone consider legally valid the high treason of a Court whose duty was to defend the Constitution? With what right do the Courts send to prison citizens who have tried to redeem their country by giving their own blood, their own lives? All this is monstrous to the eyes of the nation and to the principles of true justice!

Still there is one argument more powerful than all the others. We are Cubans and to be Cuban implies a duty; not to fulfill that duty is a crime, is treason. We are proud of the history of our country; we learned it in school and have grown up hearing of freedom, justice and human rights. We were taught to venerate the glorious example of our heroes and martyrs. Céspedes, Agramonte, Maceo, Gómez and Martí were the first names engraved in our minds. We were taught that the Titan once said that liberty is not begged for but won with the blade of a machete. We were taught that for the guidance of Cuba's free citizens, the Apostle wrote in his book The Golden Age: 'The man who abides by unjust laws and permits any man to trample and mistreat the country in which he was born is not an honorable man ... In the world there must be a certain degree of honor just as there must be a certain amount of light. When there are many men without honor, there are always others who bear in themselves the honor of many men. These are the men who rebel with great force against those who steal the people's freedom, that is to say, against those who steal honor itself. In those men thousands more are contained, an entire people is contained, human dignity is contained ...' We were taught that the 10th of October and the 24th of February are glorious anniversaries of national rejoicing because they mark days on which Cubans rebelled against the yoke of infamous tyranny. We were taught to cherish and defend the beloved flag of the lone star, and to sing every afternoon the verses of our National Anthem: 'To live in chains is to live in disgrace and in opprobrium,' and 'to die for one's homeland is to live forever!' All this we learned and will never forget, even though today in our land there is murder and prison for the men who practice the ideas taught to them since the cradle. We were born in a free country that our parents bequeathed to us, and the Island will first sink into the sea before we consent to be the slaves of anyone.

It seemed that the Apostle would die during his Centennial. It seemed that his memory would be extinguished forever. So great was the affront! But he is alive; he has not died. His people are rebellious. His people are worthy. His people are faithful to his memory. There are Cubans who have fallen defending his doctrines. There are young men who in magnificent selflessness came to die beside his tomb, giving their blood and their lives so that he could keep on living in the heart of his nation. Cuba, what would have become of you had you let your Apostle die?

I come to the close of my defense plea but I will not end it as lawyers usually do, asking that the accused be freed. I cannot ask freedom for myself while my comrades are already suffering in the ignominious prison of the Isle of Pines. Send me there to join them and to share their fate. It is understandable that honest men should be dead or in prison in a Republic where the President is a criminal and a thief.

To you, Honorable Judges, my sincere gratitude for having allowed me to express myself free from contemptible restrictions. I hold no bitterness towards you, I recognize that in certain aspects you have been humane, and I know that the Chief Judge of this Court, a man of impeccable private life, cannot disguise his repugnance at the current state of affairs that compels him to dictate unjust decisions. Still, a more serious problem remains for the Court of Appeals: the indictments arising from the murders of seventy men, that is to say, the greatest massacre we have ever known. The guilty continue at liberty and with weapons in their hands - weapons which continually threaten the lives of all citizens. If all the weight of the law does not fall upon the guilty because of cowardice or because of domination of the courts, and if then all the judges do not resign, I pity your honor. And I regret the unprecedented shame that will fall upon the Judicial Power.

I know that imprisonment will be harder for me than it has ever been for anyone, filled with cowardly threats and hideous cruelty. But I do not fear prison, as I do not fear the fury of the miserable tyrant who took the lives of 70 of my comrades. Condemn me. It does not matter. History will absolve me.
 

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